Child Custody

questions & answers

Question: I am non custodial parent. I have come to realize that my ex wife is putting my children's mental and emotional well being at harm. is there anything i can do to get them back? She allows her abusive boyfriend around my kids, on various occasions they have witnessed serious domestic violence in one occasion her boyfriend was arrested and she did an order of protection for her and protected persons included my children, within a week she dismissed the order of protection, and allows him to be around my kids. They are still dating. i have police reports, is there possibility to get them back?

Answer: You would need to change the custody agreement.  Arizona Revised Statutes, Section 25-411 sets out the grounds for modifying a custody order.  These days, the legal term for custody is "legal decision making."  The term for visitation is "parenting time."  You can attempt to modify the previous court order on your own by filing a modification petition with the court.  There are forms and instructions on the court's website to help you.  Go to the website for the Arizona Superior Court, access the self-help center, and look in the family law section.  The website you need is www.azcourts.gov. You may also want to at least consult an attorney about the best way to proceed.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.

QUESTIONS

  • I am non custodial parent. I have come to realize that my ex wife is putting my children's mental and emotional well being at harm. is there anything i can do to get them back? She allows her abusive boyfriend around my kids, on various occasions they have witnessed serious domestic violence in one occasion her boyfriend was arrested and she did an order of protection for her and protected persons included my children, within a week she dismissed the order of protection, and allows him to be around my kids. They are still dating. i have police reports, is there possibility to get them back?

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  • State Bar of Arizona
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  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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